https://djhr.revistas.deusto.es/issue/feed Deusto Journal of Human Rights 2021-07-06T21:53:01+02:00 Trinidad L. Vicente revista.derechos.humanos@deusto.es Open Journal Systems <p>DOI: <a href="http://doi.org/10.18543/djhr">http://doi.org/10.18543/djhr</a></p> <p><em>Deusto Journal&nbsp;of Human Rights &nbsp;(DJHR) </em>— <em>Revista Deusto de Derechos Humanos</em>, in Spanish — (ISSN 2530-4275; e-ISSN&nbsp;2603-6002) is published &nbsp;twice a year&nbsp;by the Pedro Arrupe Human Rights Institute at the University of Deusto. It has been published since 2004 under the title of <em>Anuario de Acción Humanitaria y Derechos Humanos/ Yearbook on Humanitarian Action and Human Rights &nbsp;</em>(ISSN <span class="journal_data_value">1885-298X</span>). During this time, the interdisciplinary approach of its 13 issues has examined humanitarian intervention and human rights in a broader sense.&nbsp;</p> <p>As of 2016, following renewal of its content and structure, the journal is embarking on a new stage with the aim of becoming a benchmark for periodical publications on human rights in Spain and the international scene. Original cutting-edge scientific works from the interdisciplinary field of human rights, which is transversally related to the fields of Law, Philosophy, Sociology, Anthropology, Political Science and International Relations, etc. are compiled for this purpose. Accordingly, the journal’s aim continues to be facilitation and promotion of reflection and interdisciplinary exchange on human rights research from the academic world as well as from the realms of professional and political activities, social activism, etc.</p> <p><em><span lang="EN-GB">Deusto Journal of Human Rights</span></em><span lang="EN-GB">&nbsp;is published online using the Open Journal Systems (OJS) software that integrates the Open Archive Initiative (OAI) protocol for greater dissemination and transmission of its contents&nbsp;on the internet&nbsp;(</span><a href="/oai" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=http://djhr.revistas.deusto.es/oai&amp;source=gmail&amp;ust=1580369896425000&amp;usg=AFQjCNF4sNd9KjuB_zTYBimQVXqOJStm5Q"><span lang="EN-GB">http://djhr.revistas.deusto.es/oai</span></a><span lang="EN-GB">).</span></p> <p><em>Deusto Journal of Human Rights</em>&nbsp;is included in: <strong><a href="https://doaj.org/toc/2603-6002" target="_blank" rel="noopener">DOAJ</a></strong><strong>,</strong> <strong><a href="https://dialnet.unirioja.es/servlet/revista?codigo=26190" target="_blank" rel="noopener">Dialnet</a></strong><strong>,</strong> <strong>&nbsp;<a href="https://dbh.nsd.uib.no/publiseringskanaler/erihplus/periodical/info.action?id=494615" target="_blank" rel="noopener">ERIH PLUS</a></strong><strong>, </strong><strong><a href="http://miar.ub.edu/idioma/en" target="_blank" rel="noopener">MIAR</a></strong>, <a href="https://redib.org/recursos/Serials/Record/oai_revista4546-deusto-journal-human-rights?lng=en" target="_blank" rel="noopener"><strong>REDIB</strong></a>, <a href="https://www.latindex.org/latindex/ficha?folio=28686" target="_blank" rel="noopener"><strong>Latindex</strong></a>,&nbsp;<strong><a href="https://scholar.google.com/scholar?hl=en&amp;as_sdt=1%2C5&amp;as_vis=1&amp;q=%28source%3A%22Revista+Deusto+de+Derechos+Humanos%22%29+OR+%28source%3A%22Deusto+Journal+of+Human+Rights%22%29+OR+%28source%3A%22Anuario+de+Acci%C3%B3n+Humanitaria+y+Derechos+Humanos%22%29+OR+%28source%3A%22Yearbook+on+Humanitarian+Action+and+Human+Rights%22%29&amp;btnG=" target="_blank" rel="noopener">Google Scholar</a></strong><strong>, </strong>and <a href="https://www.worldcat.org/title/deusto-journal-of-human-rights-revista-deusto-de-derechos-humanos/oclc/1055886487?lang=en" target="_blank" rel="noopener"><strong>WorldCat</strong></a>.</p> https://djhr.revistas.deusto.es/article/view/2114 Migrant worker policies and national privilege: A UK case study 2021-06-29T22:07:22+02:00 Pier-Luc Dupont pierlucdt@gmail.com <p>After a long period of decline in the Global North, migrant worker policies are making a comeback on the agenda of the European Union and several of its member states. Inspired by Iris Marion Young and Nancy Fraser’s accounts of structural injustice, this article argues that such policies cannot be reconciled with the principle of equality between migrant and national workers enshrined in international legal instruments such as the Convention on Migrant Workers and the EU Seasonal Workers Directive. To make this point it draws on a selection of UK based empirical literature as well as primary data from a recent study on domestic workers admitted to the UK under temporary visas since 1998. Results suggest that such visas tend to push migrants’ working conditions downwards (exploitation); prevent them from changing employer, enforcing rights in court or mobilising in unions (domination); and ultimately exacerbate racial conflict and stereotyping (stigmatisation).</p> <p><strong>Received</strong>: 10 February 2021<br><strong>Accepted</strong>: 14 May 2021</p> 2021-06-29T00:00:00+02:00 Copyright (c) 2021 University of Deusto https://djhr.revistas.deusto.es/article/view/1809 The concept of Global Justice as a mean to prevent the violation of Human Rights by extractive industries 2021-06-29T22:07:23+02:00 Patricia Urteaga-Crovetto purteaga@pucp.edu.pe Yenny Vega Cárdenas Presidence.oidn@observatoirenature.org <p>The paradox of «the natural resources curse» has shown that extractive economies do not contribute positively to the eradication of poverty, discrimination and inequality. On the contrary, these problems seem to worsen in such economies, increasing the levels of corruption, inequality and violence. While advocates of these activities emphasize the advantages of developing extractive industries, their critics underline the environmental, political and social consequences of this industry. It is undeniable, however, that the main cause of social and environmental conflicts in the world, including the violation of fundamental, cultural and environmental rights, is the commodification and exploitation of nature. The global character of extractive industries demands a more comprehensive theory of justice that considers the global challenge and state sovereignty, as well as the complexity that characterizes this type of problem in terms of space, time, agents and subjects. Political philosophers, mostly Anglo-American, have developed various theoretical approaches to global justice that refer to development, redistribution, environmental protection, solidarity, responsibility, the protection of human rights and equity. This article seeks to analyze the extent to which the concept of global justice can contribute to a better understanding and resolution of socio-environmental conflicts related to extractive industries.</p> <p><strong>Received</strong>: 25 June 2020<br><strong>Accepted</strong>: 21 March 2021</p> 2021-06-29T00:00:00+02:00 Copyright (c) 2021 University of Deusto https://djhr.revistas.deusto.es/article/view/2115 Venezuelan children and adolescent migrants in Peru: caught between two legal frameworks of protection and exclusion 2021-06-29T22:07:21+02:00 Dánae Rivadeneyra Yriarte derivadeneyra@gmail.com <p>The aim of this article is to analyze how Peruvian migration policy, based on a logic of border control, goes against international normative frameworks in what regards the protection of Venezuelan children and adolescent migrants in Peru. To this end, and taking Thomas Marshall’s theory of justice as a reference, local and international frameworks are analyzed, focusing on the situation of these children. The article argues that the contradiction between the two legal frameworks leads to a triple vulnerability of these children and adolescents: because of their status as minors, as migrants, and for being involved in a legal migratory dinamic that constantly threatens to drive them towards irregularity. The cases analyzed in this article were collected in Lima and Tumbes, in the third quarter of 2019.</p> <p><strong>Received</strong>: 03 February 2021<br><strong>Accepted</strong>: 04 May 2021</p> 2021-06-29T00:00:00+02:00 Copyright (c) 2021 University of Deusto https://djhr.revistas.deusto.es/article/view/2116 New governance and peace process in the northern Basque Country 2021-06-29T22:07:21+02:00 Eguzki Urteaga eguzki.urteaga@ehu.eus <p>The new governance conceived and implemented on the northern Basque Country since the early 1990s has led to a gradual change in the local political culture based, nowadays, on dialogue, negotiation and agreement. Thanks to this change, broad consensus, both political and social, has been possible on such relevant issues as the institutionalization of the territory and the peace process. This fact has made it possible that, in this small territory with a population of 310,000 people, which has only had its own local administration since 2017, there has been disarmament and the dissolution of ETA, the flexibilization of the prison policy and the progressive construction of a coexistence based on recognition, justice and reparation for all the victims. However, there is still a long way to go and the actors involved in this peace process are perfectly aware of it.</p> <p><strong>Received</strong>: 22 December 2020<br><strong>Accepted</strong>: 14 May 2021</p> 2021-06-29T00:00:00+02:00 Copyright (c) 2021 University of Deusto https://djhr.revistas.deusto.es/article/view/1894 The process towards gender parity in Latin America in the light of a participatory ideology. Methodological proposal applicable to interdisciplinary gender studies and women’s citizenship 2021-06-29T22:07:22+02:00 Irune Aguirrezabal Quijera iruneaguirrezabal@gmail.com <p>This article presents a methodological proposal developed to address research studies linked to gender studies and, in particular, women’s citizenship. The methodology addresses research problems from an interdisciplinary, integral and circular perspective, linking the critique of traditional notions and paradigms of the social, economic and political order by feminist theoretical thought with praxis. That is, with the tensions and strategic synergies that occur in different contexts. The article shows its successful application to a study already carried out on the process towards gender parity in Latin America. The two methodological elements that distinguish the critical analysis on which the methodology is based are: (1) a circular dialogue, with a constant interrogation of the conceptual and the contextual analytical perspectives. In the research to which it has been applied, it resulted in a three-dimensional structure of the phenomenon described: conceptual, evolutionary in time and space, and of the progress arising from the tension between action-resistance; and (2) the wide and diverse repertoire of philosophical, commented and participatory sources, originating from the very actors involved in the phenomenon analysed (the “Latin American paritist process”) in the light of a participatory ideology. The methodology intends to help academic research studies by trying to solve real problems; hence, together with a critical qualitative methodology, in which phenomena, causes, contexts and actors are analysed, a prescriptive approach is also formulated, in a propositional spirit.</p> <p><strong>Received</strong>: 02 November 2020<br><strong>Accepted</strong>: 14 May 2021</p> 2021-06-29T00:00:00+02:00 Copyright (c) 2021 University of Deusto https://djhr.revistas.deusto.es/article/view/1962 Obstetric violence as a human rights violation: S.F.M. versus Spain 2021-06-29T22:07:22+02:00 Carolina Jiménez Sánchez carolina@uma.es <p>The paper focuses on the second conviction of Spain by the CEDAW Committee in a novel case of obstetric violence. The consideration of the case as «gender-based violence» is especially relevant, this being the first time that obstetric violence has been taken into consideration by a human rights treaty body with this particular approach. Likewise, the scope and legal boundaries of the Adoption of views will be addressed, analysing its binding nature and its enforceability in the Spanish legal order.</p> <p><strong>Received</strong>: 09 January 2021<br><strong>Accepted</strong>: 18 May 2021</p> 2021-06-29T00:00:00+02:00 Copyright (c) 2021 University of Deusto https://djhr.revistas.deusto.es/article/view/2117 Vicente Díaz, Martha Roxana. 2018. El sentido de lo alternativo en la economía solidaria: La experiencia de Yomol A’tel. Cuadernos Deusto de Derechos Humanos 92. Bilbao: Universidad de Deusto 2021-06-29T22:07:21+02:00 Raquel Ortiz-Ledesma raquel.ortizle@deusto.es <p>The work (titled) “<em>The meaning of the alternative in the solidarity economy: The experience of Yomol A'tel</em>” aims to provide- from a qualitative approach- a deeper understanding of the case of the solidarity enterprise <em>Yomol A'tel</em>; an organization that has worked for several years with an excluded group in Chiapas, Mexico. This academic effort focusses on the project team members, from a narrative perspective that captures and conveys their perceptions, and allows us to analyze the impact of <em>Yomol A'tel</em> project in terms of social transformation.&nbsp;&nbsp;</p> 2021-06-29T00:00:00+02:00 Copyright (c) 2021 University of Deusto https://djhr.revistas.deusto.es/article/view/2118 Eichler, Jessika. 2019. Reconciling indigenous peoples’ individual and collective rights: participation, prior consultation and selfdetermination in Latin America. New York: Routledge. 196 p. 2021-07-06T21:53:01+02:00 Amelia Alva-Arévalo amelialva@gmail.com <p>Eichler's book reflects deeply on the relationship between the collective rights of indigenous peoples and the individual rights of their members, with a particular focus on minority sub-groups such as women, children and elderly, who have been granted special protection in international human rights law. Complementary to the theoretical reflection, an empirical analysis from Bolivia is presented, which allows the author to offer a reconciliation framework as a necessary step to change perspectives on the exercise of the rights of participation, consultation and self-determination of indigenous peoples.</p> 2021-06-29T00:00:00+02:00 Copyright (c) 2021 University of Deusto